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HEWLETT-PACKARD CO. v. MUSTEK SYSTEMS, INC.

Nos. 02-1372, 02-1395, 02-1465.

340 F.3d 1314 (2003)

HEWLETT-PACKARD COMPANY, Plaintiff-Cross Appellant, v. MUSTEK SYSTEMS, INC. and Mustek, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied September 12, 2003.

Attorney(s) appearing for the Case

John Allcock, Gray Cary Ware & Freidenrich LLP, of San Diego, California, argued for plaintiff-cross appellant. With him on the brief were James T. Hannink and Joseph P. Reid. Of counsel were Licia E. Vaughn, Mary A. Lehman, and John E. Giust.

Joseph R. Re, Knobbe, Martens, Olson & Bear, LLP of Newport Beach, California, argued for defendants-appellants. With him on the brief were James F. Lesniak, Paul N. Conover, and Joseph S. Cianfrani.

Before MAYER Chief Judge, SCHALL and DYK, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 12, 2003.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge MAYER.

DYK, Circuit Judge.

Mustek Systems, Inc. and Mustek, Inc. (collectively "Mustek" or "appellants") appeal the judgment of literal infringement of claims 1, 4, and 7-9 of United States Patent No. 5,336,878 ("the '878 patent"). Hewlett-Packard Co. v...

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